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Husband who tried to bludgeon sleeping wife to death loses sentence appeal

Date
2022-01-13
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In 2014, a Central Criminal Court jury found Andrzej Benko, 50, guilty of attempting to murder his wife Joanna Benko by striking her with a lump hammer while she slept. He was sentenced to 15 years' imprisonment by Mr Justice Patrick McCarthy. Benko appealed, arguing that his cooperation with Gardaí after arrest warranted a shorter term. The Court of Appeal, in a written judgment delivered on 13 January 2022, rejected the appeal, affirming the 15‑year sentence. Justice Úna Ní Raifeartaigh, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, noted the case's "alarming features" and the severe, lifelong injuries inflicted on Mrs Benko, who now requires full‑time care and cannot care for her son. The court also recorded that Benko had admitted striking his wife's head at least three times and that he had intended to kill her that morning. The appeal was dismissed, leaving the original sentence intact. Andrzej Benko pleaded not guilty.

Who, what, where, when and why

What: Report matter: Husband who tried to bludgeon sleeping wife to death loses sentence appeal. Charges or matters: attempting to murder Joanna Benko at their house at Ladyswell Road, Mulhuddart, Dublin on July 5, 2010. Procedural stage: appeal

When:

Why: Maybe you can save her because I hit her by hammer in head. CNI source report

Case subjects

Andrzej Benko

Appellant

Charges: attempting to murder Joanna Benko at their house at Ladyswell Road, Mulhuddart, Dublin on July 5, 2010 (Alleged Or Contested)

Plea: Not guilty

Outcome: Mrs Benko, the judge continued, had been left with lifelong serious debilitating injuries as a result of the attack and would "never lead an independent life or be able to care for her own child". "A headline sentence of life imprisonment or one of 20 years would not have been inappropriate if the appellant did not present with the mitigating factors that he did," she added. A recording of the emergency call was played in court. "The problem is that probably I killed my wife and now I'm on my way to you to be jailed," he said. "Ring an ambulance.

Places mentioned

Address Area
  • Ladyswell Road
Secondary Mention
Court Venue
  • Central Criminal Court
  • Court of Appeal
Garda Station

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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